Restrictions against pets in residential complexes punishbale under Section 11 (3) of Prevention of Cruelty to Animal Act 1960 apart from going against Article 51 A (g) of the Indian Constitution
It is a well-known that in the recent times, RWAs, apartment owners’ associations, cooperative group housing societies and other gated complexes, have taken to imposing many unreasonable restrictions on pet-owning residents, such as disallowing the use of lifts or parks by pets, or even banning pets altogether. It is against the law to ban pets from residences and apartments, even though hundreds of associations make bylaws banning pets routinely.
The Animal Welfare Board of India says: ‘If at all any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have abetted violating the law and may well be aggravating the menace of ownerless animals, and, therefore get involved in and lead to accidents, injuries and deaths. The association will therefore be guilty of criminal intimidation, which is an offence in law.’ Please refer to Section 11 (3) of Prevention of Cruelty to Animal Act 1960. It is also against article 51 A (g) of the Indian Constitution according to which it is the duty of every citizen to have compassion for animals, living creatures and improve the natural environment.